`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`FIRST DATA CORPORATION
`Petitioner
`
`v.
`
`CARDSOFT (ASSIGNMENT FOR THE
`BENEFIT OF CREDITORS), LLC,
`
`Patent Owner
`
`
`
`Case IPR2014-00715
`Patent 6,934,945 B1
`
`
`
`PETITIONER FIRST DATA CORPORATION
`REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 F.R. 4211, 4234-35, Petitioner FIRST DATA
`
`CORPORATION requests a refund in the amount of $14,800 to be paid to credit
`
`card ending in 1006.
`
`On April 30, 2014, Petitioners filed a Petition for Inter Partes Review
`
`(“IPR”) with the USPTO that was assigned case number IPR2014-00715. In
`
`accordance with the fee schedule specified in 37 C.F.R. § 42.15(b), Petitioners
`
`deposited an electronic payment in the amount of $23,800 with the USPTO at the
`
`time of the filing of the Petition to cover associated fees. Petitioners’ payment
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`comprised $14,800 for post-institution fees ($14,000 for the first 15 claims, and
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`$800 for two additional claims at $400 each.
`
`On October 17, 2014, the Patent Trial and Appeal Board entered a decision
`
`denying Institution of Inter Partes Review of the IPR2014-00715. See Paper No. 9.
`
`
`
`
`
`
`
`- 1 -
`
`
`
`Statement of Precise Relief Requested
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`Accordingly, First Data Corporation requests a refund in the amount of
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`$14,800 for the post-institution fees that it has paid to the USPTO in connection
`
`with this proceeding, as no trial is instituted.
`
`
`
`Dated: January 27, 2015
`
`
`
`
`Lead Counsel
`
`
`Paul C. Haughey
`Registration No. 31,836
`phaughey@kilpatricktownsend.com
`
`Postal and Hand-Delivery Address:
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, Eighth Floor
`San Francisco, CA 94111
`Telephone: (415) 576-0200
`Fax: (415) 576-0300
`
`
`
`
`Respectfully submitted,
`
`By: /Paul C. Haughey/
`Paul C. Haughey
`Registration No. 31,836
`Lead Counsel for Petitioners
`
`
`
`Back-Up Counsel
`
`
`Darin J. Gibby
`Registration No. 38,464
`dgibby@kilpatricktownsend.com
`
`Postal and Hand-Delivery Address:
`Kilpatrick Townsend & Stockton LLP
`1400 Wewatta Street, Suite 600
`Denver , CO 80202
`Telephone: (303) 571-4000
`Fax: (303)
`
`
`
`- 2 -
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of this Request for Refund has
`
`been served January 27, 2015, via electronic mail directed to the attorneys of
`
`record for the Patent Owner upon the following:
`
`
`
`
`
`
`
`
`
`Dated: January 27, 2015
`
`
`
`66866399V.1
`
`
`
`- 3 -
`
`Birch, Steward, Kolasch & Birch, LLP
`8110 Gatehouse Road, Suite 100 East
`Falls Church, VA 22042-1248
`
`With copies by email, per Patent Owner consent, to:
`
`mrb@buscherlaw.com
`dra@bskb.com
`gsd@bskb.com
`
`
`
`By: /Paul C. Haughey/
`Paul C. Haughey
`Registration No. 31,836
`Counsel for Petitioner
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